[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Rules and Regulations]
[Pages 30815-30817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 095-0237a; FRL-6987-3]


Revisions to the Arizona and California State Implementation 
Plans, Maricopa County Environmental Services Department, Placer County 
Air Pollution Control District and South Coast Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Maricopa County Environmental Services Department (MCESD) portion of 
the Arizona State Implementation Plan (SIP), and the Placer County Air 
Pollution Control District (PCAPCD) and South Coast Air Quality 
Management District (SCAQMD) portions of the California SIP. These 
revisions concern volatile organic compound (VOC) emissions from 
Pharmaceutical, Cosmetic and Vitamin Manufacturing Operations, 
Fiberboard Manufacturing, and Hydrogen Plant Process Vents. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on August 7, 2001, without further 
notice, unless EPA receives adverse comments by July 9, 2001. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Maricopa County Environmental Services Department, 1001 N. Central 
Avenue, Suite 201, Phoenix, Arizona, 85004-1942.

[[Page 30816]]

Placer County APCD, DeWitt Center, 11464 ``B'' Ave., Auburn, CA 95603-
2603.
South Coast AQMD, 21865 E. Copley Dr., Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office (AIR-4), 
U.S. Environmental Protection Agency, Region IX, (415) 744-1160.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action.
III. Background information.
    A. Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the State 
agency.

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MCESD...................................          349  Pharmaceutical, Cosmetic and        04/07/99     08/04/99
                                                        Vitamin Manufacturing
                                                        Operations.
PCAPCD..................................          229  Fiberboard Manufacturing.......     06/28/94     07/13/94
SCAQMD..................................         1189  Hydrogen Plant Process Vents...     01/21/00     07/26/00
----------------------------------------------------------------------------------------------------------------

    On August 25, 1999, July 22, 1994, and October 4, 2000, these rule 
submittals were found to meet the completeness criteria in 40 CFR part 
51 Appendix V, which must be met before formal EPA review.

B. Are There Other Versions of These Rules?

    There are no previous versions of Rules 349, 229, and 1189 in the 
SIP.

C. What Is the Purpose of the Submitted Rules?

    MCESD Rule 349 applies to the manufacture and blending of materials 
to make pharmaceutical or cosmetic products or vitamins, including any 
process that is incidental to such operations, such as tablet coating 
and finishing.
    PCAPCD Rule 229 applies to new and existing facilities that 
manufacture medium density fiberboard. Currently there is only one 
facility in Placer County, the SierraPine, Ltd. plant, in Rocklin, CA.
    SCAQMD Rule 1189 reduces emissions of volatile organic compounds 
from hydrogen plants that produce any hydrogen for use in petroleum 
refining operations. The TSDs have more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A)), and 
must not relax existing requirements (see sections 110(1) and 193). The 
MCESD, PCAPCD, and SCAQMD regulate ozone nonattainment areas (see 40 
CFR part 81), so Rules 349, 229, and 1189 must fulfill RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    3. ``Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans,'' U.S. EPA, 40 CFR part 51.
    4. ``State Implementation Plans for National Primary and Secondary 
Ambient Air Quality Standards,'' Section 110 of the Clean Air Act, and 
Plan Requirements for Nonattainment Areas, Title I Part D of the Clean 
Air Act, Sections 182(b)(2), 189(a)(1)(C) and 189(b)(1)(B).
    5. ``EPA-OAQPS Guideline--Control of Volatile Organic Emissions 
from Manufacture of Synthesized Pharmaceutical Products,'' December 
1978.
    6. TSD for RACT Determination as prepared for US EPA Region IX Air 
and Toxics Division by E.H. Pechan & Associates, Inc. January 18, 1994.
    7. ``Determination of RACT for control of Fugitive Emissions of 
VOCs from Oil and Gas Production and Processing Facilities, Refineries, 
Chemical Plants, and Pipeline Transfer Stations,'' CARB, December 8, 
1993.

B. Do The Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs 
have more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by July 9, 2001, we will publish a timely 
withdrawal in the Federal Register to notify the pubic that the direct 
final approval will not take effect and will address the comments in a 
subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on August 7, 2001. This will incorporate these 
rules into the federally enforceable SIP.

III. Background Information

A. Why Were These Rules Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control VOC emissions. Table 2 lists some of 
the national milestones leading to the submittal of these local agency 
VOC rules.

[[Page 30817]]



                Table 2.--Ozone Nonattainment Milestones
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             Date                                Event
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March 3, 1978................  EPA promulgated a list of ozone
                                nonatttainment areas under the Clean Air
                                Act as amended in 1977. 43 FR 8964; 40
                                CFR 81.305.
May 26, 1988.................  EPA notified Governors that parts of
                                their SIPs were inadequate to attain and
                                maintain the ozone standard and
                                requested that they correct the
                                deficiencies (EPA's SIP-Call). See
                                section 110(a)(2)(H) of the pre-amended
                                Act.
November 15, 1990............  Clean Air Act Amendments of 1990 were
                                enacted. Pub. L. 101-549, 104 Stat.
                                2399, codified at 42 U.S.C. 7401-7671q.
May 15, 1991.................  Section 182(a)(2)(A) requires that ozone
                                nonattainment areas correct deficient
                                RACT rules by this date.
------------------------------------------------------------------------

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule to approve pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule does not have 
a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compound.

    Dated: April 27, 2001.
Mike Schulz,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart D--Arizona

    2. Section 52.120 is amended by adding paragraph (c)(94)(i)(F) to 
read as follows:


Sec. 52.120  Identification of plan.

* * * * *
    (c) * * *
    (94) * * *
    (i) * * *
    (F) Rule 349, adopted on April 7, 1999.
* * * * *

Subpart F--California

    3. Section 52.220 is amended by adding paragraphs (c)(198)(i)(B)(2) 
and (c)(280) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (198) * * *
    (i) * * *
    (B) * * *
    (2) Rule 229, adopted on June 28, 1994.
* * * * *
    (280) New and amended regulations for the following APCDs were 
submitted on July 26, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1189, adopted on January 21, 2000.

[FR Doc. 01-14247 Filed 6-7-01; 8:45 am]
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